THE "KATE."

(1935) 51 Ll L Rep 321

ADMIRALTY DIVISION.

Before Sir Boyd Merriman (President).

Bad berth-Damage to motor vessel K at Rolle Quay, Barnstaple-Responsibility of first and second defendants-Lease by first defendants (harbour authority) to second defendants of frontage between second defendants' offices and edge of quay-Second defendants granted right "to berth and moor vessels for the purpose of loading and discharging" at the demised premises "and to use the mooring posts and Rolle Quay for the like purpose on a frontage on the River Yeo corresponding with the frontage of the lessees' flour mills"-Damage sustained by vessel during discharge at second defendants' crane situated on quay beyond office frontage-Whether second defendants in occupation of that part of quay-Knowledge of defendants of condition of berth-Decision of Sir Boyd Merriman, P., that both defendants were to blame-Claim by second defendants to be indemnified by first defendants-Allegation that damages flowed from first defendants' breach of covenant in the lease to keep the berth in good order and condition-Contention by first defendants that damages claimed were too remote.